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St. Bernard Parish Government v. United States
The Federal Circuit held that the U.S. government is not liable for flood damages that property owners in the New Orleans area incurred following Hurricane Katrina. The property owners filed suit under the Tucker Act, alleging that the government's construction and operation of the Mississippi River...
Ideker Farms, Inc. v. United States
In a 259-page opinion, a federal claims court held that the U.S. Army Corps of Engineers is responsible for causing recurrent flooding along the Missouri River. Farmers, landowners, and business owners filed takings claims against the government, arguing that the Corps' management of the Missouri Ri...
B&R Resources, LLC v. Department of Environmental Protection
A Pennsylvania appellate court reversed and remanded a lower court's decision that the owner of an oil and gas company should be liable for failing to plug 47 abandoned oil and gas wells located in Erie and Crawford Counties. The state environmental agency issued an administrative order requiring th...
Patchak v. Zinke
The U.S. Supreme Court upheld the 2014 Gun Lake Trust Land Reaffirmation Act, which reaffirmed as trust land certain property on which a Native American tribe wished to build a casino and provided that any future or pending actions relating to that land should be dismissed. Congress enacted the Gun ...
New Jersey DEP v. Exxon Mobil Corp.
The New Jersey Superior Court upheld an oil company's $225 million Spill Act settlement in connection with contamination at two oil refineries in Bayonne and Linden, New Jersey. The natural resources damages were estimated at $8.9 billion. In a settlement agreement, the New Jersey Department of Envi...
Birmingham, City of v. Good
The Delaware Supreme Court held that an energy company's shareholders cannot proceed with their suit against the company's directors and officers over the costs of addressing a coal ash spill into North Carolina's Dan River. In 2014, a storm water pipe ruptured beneath a coal ash containment pond, r...
Kimberly-Clark Corp. v. District of Columbia
A district court ruled that the District of Columbia's flushable wipe law won't take effect as scheduled. The law, which was to take effect January 1, 2018, stated that wipes labeled "flushable" must readily break up and degrade in sewers. A flushable wipes manufacturer sought to enjoin the implemen...